Legal Opinion
Dakota Truck Underwriters v. South Dakota Subsequent Injury Fund
South Dakota Supreme Court
Decided October 27, 2004No. NonePublishedCited by 24 opinions
1Opinion of the Court
ANDERSON, LEE D., Circuit Judge.
[¶ 1.] Dakota Truck Underwriters and Travelers Insurance Co. (Insurers) appeal from a circuit court order which dismissed Insurers’ claims for reimbursement from the South Dakota Subsequent Injury Fund (SIF) because Insurers failed to file them claims within the applicable statute of limitations period. The court held that the doctrines of equitable estoppel and equitable tolling did not apply. Due to the unique history and circumstances of these subsequent injury claims, we hold that the doctrine of equitable tolling applied to extend the claims filing period.…
2Cases cited29 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Bailey v. GloverSupreme Court of the United States · 1875
- Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
- Leo HEIDEMAN and Shirley Heideman, Appellants, v. PFL, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1990
24 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gerald P. Pecoraro v. The Diocese of Rapid City, a South Dakota Nonprofit CorporationCourt of Appeals for the Eighth Circuit · 2006
- AEG Processing Center No. 58, Inc. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2013
- Longaker v. Boston Scientific Corp.District Court, D. Minnesota · 2012
- Zahrbock v. Star Brite Inn MotelSouth Dakota Supreme Court · 2010
- Citibank, N.A. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 2015
19 more not listed; retrieve them via the Exa API.